California Department of Justice Releases Report on Officer-Involved Shooting of Elizandro Vargas

OAKLAND — California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today released a report on the death of Elizandro Vargas from an officer-involved shooting in El Centro, California on August 31, 2023. The incident involved an officer from the El Centro Police Department (ECPD). The report is part of the California Department of Justice's (DOJ) ongoing efforts to provide transparency and accountability in law enforcement practices. The report provides a detailed analysis of the incident and outlines DOJ's findings. After a thorough investigation, DOJ concluded that criminal charges were not appropriate in this case.

"Loss of life is always a tragedy. AB 1506 is a critical transparency and accountability tool, and our hope for this report is to provide some understanding and aid in advancing towards a safer California for all," said Attorney General Bonta. “Together, we aim to foster a system that not only protects the rights of individuals but also promotes trust and accountability between law enforcement and our communities.”  

On August 31, 2023, a witness called the police to report the theft of alcoholic beverages from a gas station in the City of El Centro. Several El Centro Police Officers responded to the call. The officers contacted Mr. Vargas on a sidewalk and ordered him to stop. Mr. Vargas was holding a brick. He ignored officers’ commands to “stop” and “drop the brick.” Mr. Vargas threw the brick at an officer and was fatally shot.

Under AB 1506, which requires DOJ to investigate all incidents of officer-involved shootings resulting in the death of an unarmed civilian in the state, DOJ conducted a thorough investigation into this incident and concluded that there is insufficient evidence to prove, beyond a reasonable doubt, that the officer involved acted without the intent to defend himself or others from what he reasonably believed to be the imminent risk of death or serious bodily injury. Therefore, there is insufficient evidence to support a criminal prosecution of the officer, and no further action will be taken in this case.

As part of its investigation, DOJ has identified two recommendations related to this incident. The first recommendation is that ECPD should conduct scenario-based training on pre-engagement response and operational safety tactics, including but not limited to, ensuring less-lethal options are readily available and coordinating among responding officers, when feasible, who will be assigned with less-lethal and lethal weapons. The second recommendation is that ECPD amend its current use of force policy to ensure it makes it clear that de-escalation is mandatory when feasible, and that the level of force is proportional to the seriousness of the suspected offense.

Here is the report.